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#kise

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Continued thread

Didn’t finish the #TrumpTrial thread, cuz, stuff, here’s the rest:

#Kise concluded by reiterating claim that there was no proof the loans would not have been made if the #banks had different (accurate) info or that the #loan terms would have been different.

(Moot. See earlier in thread)

"This is what happens in the real world, not the world of make believe, not the attorney general's world," Kise says

#CourtOfPublicOpinion / just a #Trump #campaign speech talking point.

Continued thread

I skipped an interesting bit from #Kise’s presentation; he argued that #Trump would qualify in "any court in this country" as an expert on real estate, & then displayed a slide that said:

"The Court stated it is 'not here to hear what [President Trump] has to say!'

This is a word for word duplicate of a Trump social media post.

They’re not even trying to dress up their arguments for court at this point. It’s all for the court of public opinion & Trump. Disgraceful really.

Continued thread

#Kise argued any transaction before July 2014 cannot form the basis for any of the #NYAG's claims, since they're outside of the statute of limitations.

Kise also argued that subsequent certifications by #Trump et al regarding compliance w/the terms of loans from that time cannot be used to support the allegations either.

(re SOL, Trump attys may be banking on the appeals court stay, but that wasn’t based on SOL, but procedural & still undecided.)

Continued thread

#Kise attacked the credibility of key witness & fmr #Trump attorney #MichaelCohen:

"I think he's lied in every court or forum that he's ever appeared in.”

Then referring to Trump, Kise stated:
"This is not someone who speaks in code.”

Engoron: “I think the 'perfect' call with Zelenskyy about the military aid might have been code.”
(Hmm, not appropriate)

Kise said that's a #political matter & shouldn't be a factor here.
(I actually agree w/Kise)

Continued thread

#Kise started by arguing the standard of proof on the 6 claims at issue requires "clear & convincing evidence," which he says the #NYAG didn’t provide.

Kise: “The attorney general has converted standard commercial real estate loan transactions into fraud not based on what the bank says but what she says.”

(#fraud was already decided, as a matter-of-#law, before this trial.)

Continued thread

#Kise: “Ultimately what matters is the decision-making process of the bank, & if it would have made a difference to them,"

Kise said the #banks considered many factors when deciding whether to lend to #Trump, including the nature of the collateral, the quality of the collateral, Trump's experience & performance in the industry, his liquidity & other factors.

(All of which were misrepresented; & the banks’ decision is not the issue. The issue is the #fraud & Trump’s #intent. Not the banks’.)

Continued thread

#Trump attorney Chris #Kise argued to NY Supreme Court Justice Arthur #Engoron, that regardless of what was in Trump's #financial statements, they did not make a material difference to bankers who approved #loans to Trump.

Kise says there was no testimony presented at trial by anyone at Trump #lender #DeutscheBank or other lenders that said they would have proceeded differently had they known Trump's accurate financial condition.

Continued thread

#Trump atty #Kise accused Judge #Engoron of using "two sets of standards."

Solomon countered that it's "night-&-day different" because the state used #Ivanka Trump's communications w/the GSA, not the agency's internal docs.

Engoron to Kise:
"Your constant insinuations that I have different set of standards. It's just not true. …You can keep saying it if it makes you happy, that I'm favoring one side over the other. …I just make the rulings as I see them."

#legal#law#fraud
Continued thread

The cross-examination of #Ivanka is by #Trump atty Jesus Suarez.

Ivanka testified that she had nothing to do w/the preparation of Trump's SFCs.

Shortly after he began questioning, #Engoron noted that she'd answered some of their questions in direct.

Atty Chris #Kise complained that >1 min in, the defense was being told to “hurry up” & said: "That is grossly unfair."

#Engoron: "I disagree."

Continued thread

#Kise: "While there is some contextual latitude...we're asking about things that are well-barred.”

#Engoron: “I agree w/your logic that a certification in 2016 doesn't affect anything about original loan, however (some loans) require as a condition of a loan the #TrumpOrganization or whoever…certify things in the future. I believe those certifications are at issue."

#Ivanka retook the stand.

Engoron to Ivanka: “Sorry to have kept you in the dark.”

#Trump#law#civil
Continued thread

#Ivanka got a break while attys argued SOL to.

#Engoron: "For me, the reasons for all the rulings on statute of limitations from pre-2014 & 2016 deals...these deals, at least some of them, were required for updated financials, year after year.… It doesn't make sense to talk about the follow up documentation w/o [referencing] the original loan.”

#Trump atty #Kise: "Nothing that was done by way of certification (affects) a decision that was made years before the statute of limitations expired.”

Continued thread

Justice #Engoron responded that he didn’t think that mattered.

#Kise: “We haven't had any questions about those corporate entities.”

Engoron considered it further & said: “It's an interesting question; to what extent the question has to be limited to the grounds of the subpoena?"

#Trump attorney #AlinaHabba: "She's no longer a defendant in this case.”

#law#civil#fraud
Continued thread

#NYAG: "Were you aware that in his statements of financial condition for 2011, Donald Trump represented that his net worth was more than $4 billion?"

#Ivanka: “No”

#Trump atty Chris #Kise said that all of this questioning is outside the scope of the #subpoena that compelled Ivanka to testify:

"This individual was subpoenaed on behalf of three corp entities, & none of those entities have anything to do w/(the Doral loan).”

#legal#law#civil
Continued thread

#AlinaHabba made clear that the motion would be in part about Justice Engoron's principal #LawClerk.

#Engoron: "Don't file that motion, please. I think it's important for the safety of my staff. I am 1,000% convinced, & you don't have any right or reason to complain about my confidential communication."

#Kise: “There's no way to file that motion without referencing the subject matter.”

Engoron: “I'm directing you not to make that motion [...] I'm going to protect my staff, okay."

Continued thread

#NYAG: "Your honor, we have nothing further at this time for this witness.”
(Thank goodness)

#Kise declined cross-examination at this time.

#Trump left the stand.

Trump's attys made post-trial arguments on motions they may make, such as #mistrial motions or challenging the expansion of the #GagOrder to the lawyers.

#Kise says that he may want to mention information potentially barred by the gag order on the lawyers in their mistrial motion.

Continued thread

#Kise made his usual statute of limitations objection on a term loan agreement from late 2012, which Judge #Engoron overruled - Trump smiled at the ruling.

When it was entered into evidence, Trump shook his head.

#Trump: “The number[s] of my net worth are substantially more than reflected in my financial statements, so therefore you have no case. I think this case is a disgrace

(Trump campaigning from the stand)